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HomeMy WebLinkAboutM-02-0661CITY OF MIAMI R ECEI VED CITY ATTORNEY'S OF N 13 MEMORANDUM PM 7.00 TO: Priscilla A. Thompson, City Cler CIT YI pF CL R� �` SON FROM: Alejandro Vilarello, City gWey DATE: June 13, 2002 RE: Conversations involvi5ecommissioner Johnny L. Winton, regarding Agenda item PZ -2, City Co fission Meeting of June 13, 2002; Commission's Reconsideration of application to rezone 3225 Franklin Avenue. IT IS HEREBY REQUESTED THAT THIS DOCUMENT BE INCLUDED IN THE PUBLIC RECORD FOR AGENDA ITEM PZ -2, CITY COMMISSION MEETING OF JUNE 13, 2002, AND IMMEDIATELY MADE READILY ACCESSIBLE TO THE PUBLIC. Because comments have been made concerning conversations Commissioner Johnny Winton had with individuals regarding the referenced property and zoning application, I asked Commissioner Winton to memorialize the substance of his comments for the record in order to allay any concerns that a prejudicial ex -parte communication may have occurred. Consequently, the Commissioner has confirmed the following: 1. On January 24, 2002, the City Commission denied the referenced application. 2. A few days after that meeting, he received a telephone call from Lucia A. Dougherty, legal counsel for the subject applicant, inquiring about procedures for possible commission reconsideration of the item. Ms. Dougherty advocated a reconsideration of the item because, she alleged, alternative procedures might prohibit further review of the application for 12-18 months. The entire conversation with Ms. Dougherty did not pertain to anything other than procedural matters surrounding the reconsideration process. The Commissioner was not provided any new information regarding the substance of the application or the site's proposed project. Additionally, he notes that the record of the public hearing of January 24, 2002, will reflect his comments regarding his intention not to delay the "project" for an undue period of time. 3. A few days subsequent to the aforementioned conversation with Ms. Dougherty, Commissioner Winton, by chance, encountered the referenced site's developer at a public event. Essentially, the same conversation as that with Ms. Dougherty occurred. There CADocuments and SettingsMSolomon\Local Settingffemporary Internet Fi1es\0LKD\DocI9.doc 02— 661 Priscilla A. Thompson, City clerk June 13, 2002 Page 2 were other bystanders to his conversation with the developer, but nothing else relevant to this matter was discussed. 4. During the same time period the Commissioner had a conversation with a constituent, whose identity he can't recall, about the Commission's action denying the application. During that conversation the Commissioner reiterated his public hearing comments about "not being opposed to a `boutique style hotel' that would blend into the surrounding neighborhood, as opposed to the existing `Taurus' use." No additional information was provided the Commissioner. And nothing, other than the procedure for possible commission reconsideration, was discussed. The foregoing represents the sum of all off-the-record conversations had by Commissioner Johnny Winton with anyone who might be construed to be a "party" in the proceedings for the referenced pending rezoning request. Acknowledged and confirmed by: L. J L. Winton Commissioner une 13, 2002 cc: Mayor and Members of the City Commission CADocuments and Settings\BSSolomonTocal SettingsUemporary Internet Files\OLKD\DocI9.doc 02- 661 � N v� C-) Q v N O O O Z 02- 661 CITY OF MIAMI RECEIVED CITY ATTORNEY'S OFFICE MEMORANDUM 2002 JUN 13 PM 5: 00 TO: Priscilla A. Thompson, City /,/' � .. CITY CLERK CITY OF MIAMI, FL FROM: Alejandro Vilarello DATE: June 13, 2002 RE: Conversation5,Kvolving Jason Walker, Chief of Staff for Commissioner Johnny L Winton, regarding Agenda item PZ -2, City Commission Meeting of June 13, 2002; Application to Rezone 3225 Franklin Avenue IT IS HEREBY REQUESTED THAT THIS DOCUMENT BE INCLUDED IN THE PUBLIC RECORD FOR AGENDA ITEM PZ -2, CITY COMMISSION MEETING OF JUNE 13, 2002, AND IMMEDIATELY MADE READILY ACCESSIBLE TO THE PUBLIC. Because comments have been made concerning conversations Jason Walker, Chief of Staff for Commissioner Johnny Winton, had with individuals regarding the referenced property and zoning application, I asked Mr. Walker to memorialize the substance of his comments for the record in order to allay any concerns that a prejudicial ex -parte communication may have occurred. Consequently, Mr. Walker has confirmed the following: 1. The City Commission, at its meeting of January 24, 2002, voted to deny the referenced application to rezone the property located at 3225 Franklin Avenue in Coconut Grove. 2. A few days, thereafter, Mr. Walker had a conversation with Lucia a. Dougherty, Esquire, and the developer personally interested in the rezoning and redevelopment of the site. Both conversations with those individuals dealt specifically with whether the application's denial could be reconsidered by the City Commission, and the procedures related to such reconsideration. 3. he also received a call from John Shubin, Esq., and had a separate conversation with Tucker Gibbs, Esq., attorneys for the opponents in the referenced matter. All the aforementioned conversations were about the process for possible reconsideration of the matter by the Commission, and did not involve or impart additional information, pro or con, about the application itself. 4. A few days later, Mr. Walker contacted the City Attorney's Office and inquired about any potential "Jennings' implication" of those conversations. Due to the appearance of impropriety such contacts may represent, he was advised to discontinue all future contacts CADocuments and Settings\BSSolomon\Local Settingffemporary Internet Files\OLKD\W002CityClrkMemoRezoningFranklinAve- Malker_.doc 661 Priscilla A. Thompson, City „ lerk June 13, 2002 Page 2 with the referenced matter's parties concerning anything related to the referenced rezoning application, even procedural matters related solely to the reconsideration process. This advice was heeded, immediately. 5. During a telephone conversation with Mr. Phil Corey, regarding an unrelated matter, Mr. Walker informed Mr. Corey (a property owner near the referenced site), that he would not discuss any aspects of the pending application with the him. The foregoing conversations occurred after the Commission's decision of January 24, 2002, and represent the sum of all off-the-record conversations had by Jason Walker with anyone who might be construed to be a "party" in the proceedings for the referenced pending rezoning request. Acknowledged and confirmed by: Ja onWalker ief of Staff for Commissioner Johnny L. Winton une 13, 2002 cc: Mayor and Members of the City Commission CADocuments and Settings\BSSolomon\Local SettingsUemporary Intemet Files\OLKD\W002CityClrkMemoRezoningFranklinAve- Malker_.doc 6 G1 .q 02- � N N � q b N Cn v O O Z CADocuments and Settings\BSSolomon\Local SettingsUemporary Intemet Files\OLKD\W002CityClrkMemoRezoningFranklinAve- Malker_.doc 6 G1 .q 02-